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Got myself into about £20K of debt about 10 years ago. Have worked my !!! off and have more or less paid the most of it off.

However, I had a loan from Welcome Finance from about Feb 2008 (according to recent court papers I received) which has recently surfaced. Think the loan was originally for £6K but according to the recent court papers the outstanding amount is/was now £2047.65

Once I defaulted on the loan from Welcome it was passed to a few collection agencies. I remember making regular payments to one of them but then for one reason or another I ceased payments. Not big or clever I know.

My first question is, is the statute barred 6 year time frame from when I made the last payment to Welcome Finance, when I defaulted with Welcome Finance or when I made the last payment to whatever debt collection company Welcome sold it to? Think I know the answer hence my second question.

Received court papers from Shoosmith solicitors working on behalf of PRA Group who I assume have bought the Welcome debt from somewhere or someone.

I have 28 days to respond to either dispute, counter claim or accept liability.

The court papers are saying the amount they INTEND to apply to the small claims court is £2675.

£2047 plus £517 interest and £110 court fees. So a total of £2675

If the debt is not statute barred which I don't think it will be, is my best plan of action to get in contact via writing to Shoosmiths or the PRA Group and try and negotiate a reduced full and final settlement figure BEFORE sending back 'acceptance of liability' to the court. Or should I accept the debt to the court then try and negotiate a reduced full and final settlement.

I'll battle all day with the solicitors. However I would be wary of perhaps burning any bridges with them. If they ended up with the upper hand after I've exhausted every avenue with them, I imagine they wouldn't do me too many favours after this so would damage my chances of a lower settlement.

Is there any merit asking for more information and trying to use more legal arguments or should I try now and negotiate and get a low settlement figure as soon as I can?

Best case scenario for them is I pay in full as soon as possible?
Worse case for them would be a judge saying I'll pay it back at £30 a month? If this generates a CCJ to a certain degree it's irrelevant to them. I'm assuming they just want money and fast and by what ever means.

Best case scenario for me is, I'm able to use a legal avenue to quash it or they take a very low settlement figure.
Worse case for me is a CCJ.

I'll battle all day with the solicitors. However I would be wary of perhaps burning any bridges with them. If they ended up with the upper hand after I've exhausted every avenue with them, I imagine they wouldn't do me too many favours after this so would damage my chances of a lower settlement.

Is there any merit asking for more information and trying to use more legal arguments or should I try now and negotiate and get a low settlement figure as soon as I can?

Best case scenario for them is I pay in full as soon as possible?
Worse case for them would be a judge saying I'll pay it back at £30 a month? If this generates a CCJ to a certain degree it's irrelevant to them. I'm assuming they just want money and fast and by what ever means.

Best case scenario for me is, I'm able to use a legal avenue to quash it or they take a very low settlement figure.
Worse case for me is a CCJ.

I just explained how to take the solicitor completely out of the game.
You do understand this is a game COURT like a tennis court, badminton court squash court.
Do you play tennis to find middle ground or to win.
Send the letter to the solicitor with the exact words I used, do not add, take away any words or change any words because it's legalese language they understand but you do not.
If you play for middle ground with a solicitor you will not win.
You are looking for the perfect silver bullet from this site.
I gave you the bullet it's up to you if you load the gun and pull the trigger aimed at the solicitor.
You can not imagine how powerful that little sentence is to a member of the legal society.
I can tell you the solicitor will never want to put one foot into a court room up against you after reading that one sentence.
They know immediately they can not beat you in court and you will make a counter claim.
If you want me to be your Mc Kenzie Friend just ask.

I'm not dismissing your post or suggestions. But surely you can understand me being cautious? I don't want to do anything that could make the situation worse.

Surely if it's as easy as you say to take a solicitor out of the picture, then everyone with a looming court debt would be doing what you've suggested? I'd love nothing more than to do what you've said and win. But surely there's a flip side?

This is your situation, you were relying on a statute barred defense, now that appears to of been ruled out.

You can negotiate with the DCA but time is of the essence, and they still may seek judgement against you anyway, just to consolidate their position.

I am assuming this welcome finance loan was originally regulated by the consumer credit act, in which case, no "wet signature on an invoice" is required to make the debt valid, just a copy of the agreement to prove to the court the debt existed, which is why i asked you if you had done a CCA request, without that piece of paper the case falls down flat.

Yes there is a flip side, they will run over you like a steam roller because you are in total fear of the Court System and Solicitors.
Pay up or man up it's up to you.
Solicitors are nothing more than negotiators, they are the ones in fear of L.I.P's in Court.

I told the solicitor that all I could offer the DCA was £35 a month starting with immediate effect.

This proposal was accepted on the conditions I accept liability and let the court know of my intentions. The court would then issue a decree but it'd be suspended because there's a payment plan in place. However it would still affect my credit rating.

So what's my best approach now for making a full and final offer? Surely they'd rather have a lump sum fast as opposed to £35 a month for 7 years?

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